New York Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant

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Multi-State
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US-01055BG
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Description

A motion is an application to a judge or court requesting a specific order directing performance of an act for the benefit of the applicant. A motion may be directed strictly to a procedural defect or matter. However, it is usually used to obtain relief not available through other pleadings. An order is a direction by a judge or court that certain actions should or should


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant
  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant
  • Preview Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant

How to fill out Motion Of Plaintiff Requesting Court To Reconsider An Order And Notice Of Motion To Defendant?

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FAQ

How to write a letter of reconsideration of appeal Confirm the recipient's information. ... Consider why you want a reconsideration. ... Find out why they passed. ... Support your request. ... Add a conclusion.

Reargument: "While a modification hearing entails the presentation of evidence of a substantial change in circumstances, a reconsideration hearing involves consideration of the trial evidence in light of outside factors such as new law, a miscalculation or a misapplication of the law." Jaser v.

CPLR 2214(b) is the law that says how much time before the court date the papers have to be given to the other side. The amount of time that the other side has to answer your papers depends on the court date you chose.

Rule 56.1 requires movants for summary judgment to submit, with the motion, a ?separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.? E.D.N.Y.

Local Rule 56.1(d) provides as follows: ?Each statement of material fact by a movant or opponent must be fol- lowed by citation to evidence which would be admissi- ble, set forth as required by Federal Rule of Civil Proce- dure 56(e).? 20.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

HOW TO OPPOSE THE MOTION: (1) State the legal reasons why the court should not enter judgment against you, including your defenses. (2) State the facts that support your defenses. (3) Attach affidavits and/or exhibits to support the facts you assert.

To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.

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New York Motion of Plaintiff Requesting Court to Reconsider an Order and Notice of Motion to Defendant